Disclaimer
Effective from: 4 March, 2025Updated Date: 4 March 2025
Spoynt Limited
71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom
1. Introduction
Spoynt Limited (hereinafter referred to as “Spoynt,” “we,” “us,” or “our”) is a company incorporated under the laws of England and Wales, providing payment processing services (hereinafter referred to as the “Services”) through its websites at spoynt.com, spoynt.co.uk, spush.co.uk (hereinafter referred to as the “Website”). This Disclaimer Document (hereinafter referred to as the “Disclaimer”) outlines the terms under which the Website and Services are offered, clarifies the limitations of Spoynt’s responsibilities, and informs users (hereinafter referred to as “Users,” “you,” or “your”) of inherent risks and exclusions of liability.
This Disclaimer is designed to enhance transparency, comply with applicable legal frameworks—including the UK Consumer Rights Act 2015, Financial Services and Markets Act 2000 (FSMA), and Payment Services Regulations 2017 (PSR)—and align with industry standards for payment service providers in the United Kingdom. By accessing or using the Website or Services, you acknowledge and accept the terms herein. If you do not agree, you must refrain from using the Website or Services.
2. Purpose and Scope
The purpose of this Disclaimer is to:
– Define the scope and nature of the Website and Services offered by Spoynt.
– Disclaim warranties and liabilities to the fullest extent permitted by law.
– Inform Users of risks associated with payment processing and digital financial services.
– Clarify the roles of third parties and Spoynt’s non-responsibility for their actions.
This Disclaimer applies to all interactions with the Website, including browsing, account creation, and use of payment services, and supplements the https://spoynt.com/terms-and-conditions and https://spoynt.com/privacy-policy.
3. Definitions
For clarity, the following terms are defined:
“Services”: Payment processing, transaction facilitation, and related financial tools provided by Spoynt, as detailed on the Website.
“Content”: All text, graphics, software, data, or materials on the Website.
“Third-Party Services”: Products, services, or platforms provided by entities other than Spoynt, integrated with or linked to the Services.
“Payment Transaction”: Any transfer of funds facilitated through the Services.
“Force Majeure Event”: Events beyond Spoynt’s control, including natural disasters, cyberattacks, or regulatory actions.
Additional terms may be defined contextually within sections.
4. Nature of Services
4.1. General Description
Spoynt provides payment processing services enabling Users to send, receive, and manage funds electronically. These Services may include:
– Card and other payment methods payment processing (e.g., Visa, Mastercard);
– Bank transfer facilitation;
– Merchant account integration;
– Merchant account activities;
– Mobile application usage.
4.2. No Financial Advice
Spoynt does not provide financial, investment, or tax advice. Decisions regarding Payment Transactions or financial management are your sole responsibility. Consult a qualified professional for personalized advice.
4.3. Service Availability
Services are offered “as is” and “as available.” Spoynt does not guarantee uninterrupted access due to potential technical, regulatory, or external factors.
5. General Disclaimers
5.1. No Warranties
To the fullest extent permitted by law:
– The Website and Services are provided without warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.
– Spoynt does not warrant that the Website or Services will meet your expectations, be error-free, or be free from viruses or harmful components.
5.2. Accuracy of Information
Content on the Website, such as pricing, service descriptions, or regulatory updates, is provided for informational purposes only and may not always be current or accurate. Spoynt endeavors to maintain accuracy but disclaims liability for errors or omissions.
5.3. User Responsibility
You assume full responsibility for:
– Ensuring the suitability of the Services for your needs.
– Verifying transaction details before authorizing Payment Transactions.
– Securing your devices and Account credentials.
6. Limitation of Liability
6.1. General Limitation
Spoynt shall not be liable for:
– Indirect, incidental, special, consequential, or punitive damages (e.g., loss of profits, data, or business opportunities).
– Losses exceeding the total fees paid by you to Spoynt in the 3 months preceding a claim.
6.2. Specific Exclusions
Spoynt is not liable for:
– Losses due to unauthorized access resulting from your failure to secure credentials (simple password, loss/theft of the phone, social engineering, phishing, direct transfer of your credentials to a third parties)
– Errors in Payment Transactions caused by incorrect information provided by you.
– Delays or failures due to third-party systems (e.g., banks, card networks).
6.3. Statutory Exceptions
This Disclaimer does not limit liability for:
– Death or personal injury caused by negligence.
– Fraud or fraudulent misrepresentation.
– Breaches of statutory consumer rights under the UK Consumer Rights Act 2015.
7. Third-Party Services
7.1. Integration
The Services may integrate with Third-Party Services (e.g., Visa, bank systems). Spoynt is not responsible for their performance, security, or compliance.
7.2. Links to External Sites
The Website may contain links to third-party websites. Spoynt does not endorse or control these sites and disclaims liability for their content or your interactions with them.
7.3. Third-Party Failures
Spoynt is not liable for disruptions or losses caused by Third-Party Services, including payment delays or data breaches beyond Spoynt’s control.
8. Risks of Payment Services
8.1. Cybersecurity Risks
Digital payment services are susceptible to:
– Phishing, hacking, or malware attacks.
– Data breaches exposing Personal or Financial Data.
Spoynt implements robust security measures but cannot guarantee immunity.
8.2. Transaction Risks
Payment Transactions may fail due to:
– Insufficient funds or declined payments.
– Errors in recipient details.
– Regulatory restrictions or fraud prevention measures.
8.3. User Acknowledgment
You accept these inherent risks and agree to mitigate them by adhering to security best practices and Information Security Awareness (https://spoynt.com/information-security-awarness).
9. Regulatory Compliance
9.1. Applicable Laws
Spoynt operates under:
– FSMA 2000: Regulating financial services in the UK.
– PSR 2017: Implementing PSD2 requirements for payment security.
– UK GDPR: Protecting Personal Data.
9.2. Limitations
Spoynt complies with these laws but disclaims liability for:
– Regulatory changes affecting Service availability.
– User non-compliance with legal obligations (e.g., AML requirements).
10. Force Majeure
Spoynt is not liable for failures or delays due to Force Majeure Events, including:
– Natural disasters (e.g., floods, earthquakes).
– Cyberattacks or technological failures beyond reasonable control.
– Government actions or legal restrictions.
11. User Obligations
You must:
– Provide accurate information for Payment Transactions.
– Comply with Spoynt policies and applicable laws.
– Notify Spoynt of errors or issues promptly support@spoynt.co.uk.
Spoynt disclaims liability for losses arising from your failure to meet these obligations.
12. Amendments
Spoynt may update this Disclaimer to reflect changes in law or Services. Revised versions will be posted on the Website with an updated “Last Updated” date. Continued use constitutes acceptance.
13. Governing Law
This Disclaimer is governed by the laws of England and Wales. Disputes shall be resolved per the https://spoynt.com/terms-and-conditions.
14. Contact Information
For inquiries:
Spoynt Limited
71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, UK
Email: support@spoynt.co.uk
15. Acknowledgment
By using the Website or Services, you accept this Disclaimer in full. If you disagree, cease use immediately.